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UNITED STATES v. BAIRD

No. 645, Docket 33026.

414 F.2d 700 (1969)

UNITED STATES of America, Appellee, v. Earl S. BAIRD, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 4, 1969.

Attorney(s) appearing for the Case

Charles P. Sifton, Asst. U. S. Atty., Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., Gary P. Naftalis and Albert J. Gaynor, Asst. U. S. Attys., Southern Dist. of New York, on the brief), for appellee.

Simon H. Rifkind, New York City (Paul Weiss, Goldberg, Rifkind, Wharton & Garrison, Jay H. Topkis, and Allan A. Tuttle, Kostelanetz & Ritholz, Boris Kostelanetz, New York City, on the brief), for defendant-appellant.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

On March 13, 1966 the appellant, Earl S. Baird, was charged in a five-count information with violations of 26 U.S.C. § 7203 for wilful failure to file income tax returns, within the required time, for the years 1959 to 1963, inclusive. The jury returned verdicts of guilty on all counts; and on November 15, 1968, he was sentenced to three months imprisonment on each count, the sentences to be served concurrently, and he was also fined...

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